St. Paul daily globe., 1887-11-12
WORK ON SUNDAY.
A Decision in the District Court Involv-
ing Validity of Contracts.
IN SUIT AGAINST THE GLOBE.
Supreme Court Cases that We're De-
cided Yesterday---State In
speetion Of Oil.

impaneled: Charles Dunbar, II. G.
Dosen, Anthony E. Dayitt, L. w. Duis,
H. H. Detloff, W. S. Dennis, j. NJ.
Dickson, Franklin De Lou, S. S. Eaton,
Jr., Charles II. Duncan, j.
W. Dodge, and John j. De
Young 1t was suit in which
Globe company for S150,O0O on an al
legged breach of contract. The plaintiff
was represented by Judge Flandrau and
Attorneys Squires and CutcheOn, the
defendant being represented by MeSSrS.
G.. ID. OBrien and II. j. Horn. In the
opening of the case the plaintiffs attOr-
ney offered the contract in evidence,
which was objected to by Attorney
O'Brien, representing the defense, on
the ground that the contract called for
work to be done on Sunday, and that
therefore the contract was invalid and
could not be received iii evidence. In
support of this proposition he referred
to the Minnesota statute of 1851, and
read from number of Judicial decisions
in this and other states, including de-
cision that had been rendered by Judge
Fiandrau when chief justice of Mime
sOta,a tending to confirm the invalidity
of contracts made requiring labor to be
done on the Sabbath. In the course of
his remarks. Mr.. O'Brien directed the
attention of the court to the fact that in
the great tide of irreYerence and diSre-
gard of the
sANCTITY OF TIE SABBATH
day which was sweeping over the cOun-
try, there were two institutions which
had remained firm in their vindicatiOn
of the sanctlty of the Christian Sabbath
they were the churches and the
frNal
until 2 o'clock. When Judge Kelly re-
sumed his place on the bench after
the recess, he announced as his
ruling on the point raised
by Mr.. O'Brien that the contract was
not admissible as evidence-that the
provision requiring advertisements to
be inserted in a Sunday newspaper was
contrary to the law of the state in force
at the time the contract was made; that
it was in contravention of public policy
and that he was sustained i'll this
opinion by the uniform rulings of
the courts on this question. The de
PENDANTS then asked for Judgment
against Handy on their bill of offset
amounting to 81, 200, but the court held
that his former ruling applied equally
to this demand, and it was denied. The
jury were then instructed to find YER
diet for defendants, which was done.
Counsel for the plaintiff asked leave to
file bill of exceptions to the ruling of
the court and a stay of execution for
thirty days i'll order to give an Oppor-
tunity to appeal the case to the supreme
court. The request was granted.
THE INSPECTION OF OIL.
The somewhat famous case of The
State VS.. Hal Finch was decided by the
supreme court yesterday. The conrt
holds that oil inspected and afterwards
removed to another receptacle need not
be reinspected and rebranded. This point
of the reinSpectiOn and rebranding is
the only one considered by the court,
and upon this new trial is ordered.
The syllabus is given below:
The State of Minnesota VS.. Hal Finch.
Syllabus-A statute is Intellectual to
make criminal an act otherwise inno-
cent unless it clearly appears that such
act is within the prohibitions of the
statute, the statute being reasonably
construed for the purpose of arriving at
the expressed intentions of the IegiSla-
ture. 1t is not enough that the case is
within the apparent measure and policy
of the statute. The statute relating to
the inspection of Illuminating oil manu-
factured from petroleum, held not to
include within its prohibition the sale of
such oil after the same had been prop
erly inspected and branded, although
it had been subsequently removed to
an unbranded receptacle from which it
is sold. The result of this decision is
that new trial must be granted. Or
dered accordingly. DICKINSON, j.
SHE WAS A FUGITIVE.
Another decision in the Burner case.
Yesterday the supreme court of the
state defined what in its mind cOnSti-
tuted fugitive from justice" The
decision was adverse to the fair Hattie'S
hopes of remaining a resident of Mime
sofa for some time in the future, and
through her attorney, Fayette Marsh,
she has applied for writ of error in the
United States court. The syllabus of
the decision of the supreme court is
added below.
The State of Minnesota, eX. rel, Hattie
Burner, relatOr, VS.. Fred Richter,
Sheriff of Ramsey county, respond
ent.
SylIabus-To be fugitive from jus
tice in the sense of the act of congress
regulating the subject of extraditiOn
u. S. rev. stat, sec. 52TS), it is not
necessary that the party charged should
have left the state in which the crime is
alleged 10 nave Deen committed IOr the
purpose of avoiding a prosecution an
ticipated or begun, but simply that
having within a state committed crime
against its laws when he is sought to be
subjected to its criminal process to
answer for his offense he has left its
jurisdiction and is found within the ter
ritory of another state Robert VS.. Reilly,
116 L. S. rev., p. so. The important
fact is not his purpose in leaving. but
that he has left and hence is beyond the
reach of the process Of the state in
which the crime was committed. The
fact that he is not within the state to
answer the charge when required rem
ders him in legal cOntendment a fugi-
tive from justice, regardless of his pur-
pose in leaving. Writ discharged.
MITCHELL, j.
OTHER CASES DECIDED.
State of Minnesota eX rel Attorney